The purposes of this chapter are:
(1) To implement chapter
72.40 RCW in a manner that is compatible with chapters
28A.155 RCW and
392-172A WAC, and in compliance with the Individuals with Disabilities Education Act, as amended by the Individuals with Disabilities Education Improvement Act of 2004, 20 U.S.C. Sec. 1400 et seq.; and
(2) To meet the obligations of additional federal and state civil rights laws (e.g., 29 U.S.C. Sec. 794, 42 U.S.C. Sec. 12132, RCW
49.60.030) that apply to students who have a disability regardless of the student's eligibility for special education and related services.
(3) Unless the context clearly requires otherwise, the rules for the provision of special education, contained in chapter
392-172A WAC, are incorporated by reference: Provided, That the Washington state center for childhood deafness and hearing loss (center) may undertake the responsibilities of a local educational agency (LEA) in providing a free appropriate public education only to the extent authorized by chapter
72.40 RCW and inclusion as an LEA makes the center eligible for assistance under the Individuals with Disabilities Education Act.
(4) This chapter sets forth rules and procedures applicable to the provision of special education and related services for eligible students at the center. It should be read in conjunction with chapter
392-172A WAC. In case of any conflict between specific rules and procedures adopted herein, and the rules and regulations in chapter
392-172A WAC, the specific rules and procedures shall control.
(5) Where the term "school district" is used in this chapter, it shall mean the LEA or local school district, as defined and described in RCW
28A.315.025, where a student would be enrolled and/or attending.
[Statutory Authority: RCW
72.40.0191, 42 U.S.C. §§ 1400 et seq. and chapter
28A.155 RCW. WSR 11-05-033, § 148-172-001, filed 2/8/11, effective 3/11/11.]